Is the right of preemption voided if the claimant forgets to demand it or forgets the sale?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the claimant states that he forgot to make the demand or forgot the sale, his right of preemption is voided. This is because the right of preemption is an option that must be exercised immediately (*khiyar 'ala al-fawr*). Delay due to forgetfulness invalidates it, similar to rejecting goods due to a defect, or when a freed slave forgets to allow her husband marital access.
Supporting text
A possibility exists that the demand is not voided, as the claimant refrained from demanding possession due to an excuse, akin to not demanding it due to lack of knowledge of the right.